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1995 Ohio 112

Dillon v. Med. Ctr. Hosp.

Ohio Supreme Court

Decided April 12, 1995

Ohio Supreme Court · decided 1995-04-12

Appeal dismissed as improvidently allowed.

Relies on 72 Ohio St. 3d 1201 - Dillon v. Medical Center Hospital

Decided 1995-04-12

[This opinion has been published in Ohio Official Reports at 
72 Ohio St.3d 1201
.]




   DILLON ET AL., APPELLANTS, v. MEDICAL CENTER HOSPITAL, APPELLEE.
                [Cite as Dillon v. Med. Ctr. Hosp., 
1995-Ohio-112
.]
        Appeal dismissed as improvidently allowed.
      (No. 93-2307—Submitted February 7, 1995—Decided April 12, 1995.)
       Appeal from the Court of Appeals for Ross County, No. 93 CA 1942.
                                  __________________
        Spetnagel & Benson, Thomas M. Spetnagel and Paige J. McMahon, for
appellants.
        Bricker & Eckler, Michael J. Renner and Jack Rosati, Jr., for appellee.
        Squire, Sanders & Dempsey, William M. Todd and Terri-Lynne B. Smiles,
urging affirmance for amicus curiae, Ohio Hospital Association.
                                  __________________
        {¶ 1} The appeal is dismissed, sua sponte, as having been improvidently
allowed.
        MOYER, C.J., DOUGLAS, RESNICK and F.E. SWEENEY, JJ., concur.
        WRIGHT, PFEIFER and COOK, JJ., dissent.
                                  __________________
        WRIGHT, J., dissenting.
        {¶ 2} I would affirm the court of appeals on the ground that the nurses'
negligence was not an actual cause of the plaintiff's injury.
        COOK, J., concurs in the foregoing dissenting opinion.
                                  __________________
        PFEIFER, J., dissenting.
        {¶ 3} I would reverse the Court of Appeals for Ross County because there
is sufficient evidence of negligence and causation to survive a motion for summary
judgment. Accordingly, I dissent.
                                  __________________

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